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2004-10-13_REVISION - M1978116
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2004-10-13_REVISION - M1978116
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Last modified
6/15/2021 2:47:34 PM
Creation date
11/21/2007 12:58:03 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
M1978116
IBM Index Class Name
Revision
Doc Date
10/13/2004
Doc Name
Responses to Questions of PAR
From
Cotter Corporation
To
DMG
Type & Sequence
AM1
Media Type
D
Archive
No
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DE-RL04-96GJ89467 <br />• payment under the subcontract, have access to and the right to examine any of the subcontractor's directly <br />pertinent books, documents, paper, or other records involving transactions related to the subcontract. <br />(c) The periods of access and examination in pazagraphs (a) and (b) above far records relating to <br />(I) appeals under Article XXVII "DISPUTES", (2) litigation or settlement of claims arising from the <br />performance of this lease, or (3) costs and expenses of this lease to which the DOE or the Comptroller General <br />or duly authorized representatives of either has taken exception shall continue until such appeals, litigation, <br />claims, or exceptions are disposed of. <br />XXV. OFFICIALS NOT TO BENEFIT. No member of or delegate to Congress, or resident commissioner, <br />shall be admitted to any share or part of this lease, or to any benefit arising from it. However, this clause does <br />not apply to this lease to the extent that this lease is made with a corporation for the corporation's general <br />benefit. <br />XXVL COVENANT AGAINST CONTINGENT FEES. The Lessee warrants that no person or selling <br />agency has been employed or retained to solicit or secure this lease upon an agreement or understanding for a <br />• commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established <br />commercial or selling agencies maintained by [he Lessee for the purpose of securing business. For breach or <br />violation of this warranty, the Government shall have the right to cancel this lease without liability, or in its <br />discretion to require the Lessee to pay to DOE the full amount of such commission, percentage, brokerage, or <br />contingent fee. <br />XXVII. DISPUTES. <br />(a) Except as otherwise provided in this lease, any dispute concerning a question of fact arising <br />under this lease which is not disposed of by agreement shall be decided by the Contracting Officer, who shall <br />reduce his decision to writing and mail or otherwise famish a copy thereof to the Lessee. The decision of the <br />Contracting Officer shall be final and conclusive unless within 30 day from the date of receipt of such copy, the <br />Lessee mails or otherwise furnishes to the Contracting Officer a written appeal addressed to the DOE. The <br />decision of the DOE for the determination of such appeals shall be final and conclusive unless determined by a <br />. court of competent jurisdiction to have been fraudulent, or capricious, or arbitrary, or so grossly erroneous as <br />
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